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Christian Bros defend funding pedophile

The Christian Brothers say they only paid a convicted pedophile's latest legal fees after previously spending more than $1.5 million defending him because he decided to plead guilty.

A Victorian County Court judge says he is "blown away" that the Catholic Church still funds the legal defence for Brother Robert Best, who has been convicted of sex offences against 11 boys and this week admitted abusing a further 20.

Christian Brothers Oceania Province leader Brother Peter Clinch says the order agreed it would fund the latest case only if Best pleaded guilty.

"We agreed that if the person pleaded guilty we would support the plea. Full stop," Brother Clinch told the child sex abuse royal commission on Wednesday.

"We would not contest and we would not pay for any trial and we would not pay for any appeal."

The Christian Brothers had spent $1.53 million defending Best by 2015.

Marist Brothers provincial Brother Peter Carroll said the order paid for the defence of brothers charged with child sex offences whether they pleaded guilty or not.

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"I think it's a general policy that we fund it," he told the commission.

"But it would depend, and we haven't got to this, that If there was a request for an appeal, for instance, that is something we would have to assess very carefully."

The three Marist Brothers currently in jail all pleaded guilty.

"When others are quite adamant that they are not guilty then we have, I think, a responsibility to assist them, so that's what we do. We fund them, as we do the ones who plead guilty as well," Brother Carroll said.

Both the Marist Brothers and Christian Brothers said they made decisions on legal assistance funding brothers or former brothers charged with child sex offences on a case-by-base basis.

Brother Clinch said he relied on expert advice from a consultative committee chaired by a former judge and from an independent Queen's Counsel.

He said the Christian Brothers refused to fund the case of a former brother following the QC's advice the case was not strong. The man was convicted.

"It just verified the advice we got was correct, even though some were quite disappointed we didn't financially support him," Brother Clinch said.

He said the order wanted to enhance rather than clog up or delay the justice system and also considered what was best for victims.